Traumatic brain injuries (TBIs) can be life-changing, forcing you and your family into economic hardship. If you suffered a TBI due to another party’s negligence, you may have a right to recover compensation.
With a Hempstead traumatic brain injury lawyer from our firm on your side, you may recover a host of damages. Let the Law Office of Cohen & Jaffe, LLP manage the claims process for you so that you can focus on healing. We offer free consultations.
Statute of Limitations For a Traumatic Brain Injury
The state of New York limits the amount of time you have to seek damages from a traumatic brain injury caused by someone else’s negligence. NY Civil Practice Law and Rules (CVP) §214 sets the statute of limitations for a personal injury lawsuit at three years. This limit means that you have three years from the date of the injury to seek financial compensation from the at-fault party.
If you wait more than three years, you may forfeit your right to recover damages, even if you have a valid case. Act quickly after a traumatic brain injury to avoid losing your right to compensation.
Damages You Can Seek For a Traumatic Brain Injury
If someone else is at fault for your injury, you may be able to recover damages for your losses. Damages is the legal term for financial compensation. Damages can be divided into two categories: economic or non-economic.
Understanding Economic Damages
Economic damages include things with an economic (dollar) value, such as your medical bills, lost income, and other direct expenses that result from your brain injury. Here are some of the expenses you can recover in economic damages:
- Medical bills: For emergency room visits, X-rays, diagnostic tests, surgeries, medications, assistive devices, and rehabilitative therapies
- Home modification expenses: For work to your home to make it accessible
- Transportation assistance: If you can no longer drive or require an accessible vehicle
- Future medical costs: If you require future treatment
- Home health assistance: If you require assistance with activities of daily living
- Lost wages: If you are out of work while you recover
- Loss of future earning capacity: If your traumatic brain injury prevents you from returning to work
- Mental health care expenses: If you need treatment for psychiatric disorders caused by your traumatic brain injury, such as anxiety and depression
Explaining Non-Economic Damages
Non-economic damages include things that do not have a dollar value, such as pain and suffering. You may be able to recover non-economic damages for pain and suffering if:
- You face a long recovery.
- You develop psychiatric or personality changes such as irritability, anxiety, depression, or post-traumatic stress disorder (PTSD).
- You lose the ability to participate in former hobbies or activities.
- Your traumatic brain injury prevents you from enjoying life.
Your Hempstead traumatic brain injury lawyer can help you estimate the value of your damages. They can collect evidence such as bills, receipts, and earnings statements to demonstrate their value.
How a Personal Injury Lawyer Can Help You
A Hempstead traumatic brain injury lawyer from our team can help you navigate the legal and claims systems after your traumatic brain injury. Trying to recover damages while recuperating from an injury can be overwhelming. Your lawyer can take over everything related to your case so that you can focus on your recovery.
Here are some ways a lawyer from our firm can assist you after a traumatic brain injury:
Investigating Your Injury
Your lawyer can investigate the incident that led to your traumatic brain injury, whether it was an accident or an assault. They can gather police reports and pictures of the scene and interview witnesses to determine what happened and who was at fault.
Estimating Your Damages
Your lawyer can gather evidence to estimate the value of your damages. This evidence may include:
- Pictures of your injuries
- Medical bills and receipts
- Home health care bills and receipts
- Mental health care bills and receipts
- Bills for modifications to your home
- Past wage statements
- Statements from your friends and family attesting to your pain and suffering
- Excerpts from your pain journal
Communicating with the Insurance Company
It is very easy to say something that might jeopardize your case. Your lawyer can take over all written and verbal communication with the insurance company. Our team can handle all paperwork, submit the required documents, file a claim for you, and negotiate a settlement on your behalf.
Filing a Lawsuit
If we cannot agree on a settlement that accurately compensates you for your injury, we can file a lawsuit on your behalf and represent you in court. We will prepare your case for court regardless so that we are prepared for whatever happens.
Handling Your Case with no Upfront Fees
Our lawyers only handle cases on a contingency-fee-basis, which means you do not pay us a retainer. In fact, you pay us no attorney’s fees unless and until you recover compensation. Our payment comes from your settlement or court award.
If your case is unsuccessful, you do not pay us for our time.
Liability For a Traumatic Brain Injury
Sometimes, an accident is just an accident: a serious fall at home or an unfortunate sports injury. When a genuine accident leads to a traumatic brain injury, it is a tragedy, but it is no one’s fault. In other cases, traumatic brain injuries stem from negligence.
In these situations, the at-fault party may be legally liable for the injury.
Negligence includes behavior that a reasonable person could predict will harm another person. Some examples of negligence that could cause a traumatic brain injury could be reckless driving, driving under the influence, or assault. A personal injury lawyer with our firm can investigate whether your traumatic brain injury stems from negligence by another party.
Call Our Attorneys to Learn More
A Hempstead traumatic brain injury lawyer with the Law Office of Cohen & Jaffe, LLP may be able to help you recover damages from a traumatic brain injury. Call our office today at (516) 358-6900 for a free consultation with a team member.
For a free legal consultation with a traumatic brain injury lawyer serving Hempstead, call 516-358-6900